Article 1 - Administration

California Business and Professions Code — §§ 2000-2028.5

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Sections (29)

Repealed and added by Stats. 1980, Ch. 1313, Sec. 2.

This chapter shall be known and may be cited as the Medical Practice Act. Whenever a reference is made to the Medical Practice Act by the provisions of any statute, it is to be construed as referring to the provisions of this chapter.

Amended by Stats. 2023, Ch. 294, Sec. 2. (SB 815) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.

(a)There is in the Department of Consumer Affairs a Medical Board of California that consists of 15 members, 7 of whom shall be public members.
(b)The Governor shall appoint 13 members to the board, subject to confirmation by the Senate, 5 of whom shall be public members. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member.
(c)This section shall remain in effect only until January 1, 2028, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

Added by Stats. 2002, Ch. 107, Sec. 4. Effective January 1, 2003.

Protection of the public shall be the highest priority for the Medical Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

Amended by Stats. 2007, Ch. 678, Sec. 2. Effective January 1, 2008.

Unless otherwise expressly provided, the term “board” as used in this chapter means the Medical Board of California. As used in this chapter or any other provision of law, “Division of Medical Quality” and “Division of Licensing” shall be deemed to refer to the board.

Amended by Stats. 2007, Ch. 678, Sec. 4. Effective January 1, 2008.

The board shall have the responsibility for the following:

(a)The enforcement of the disciplinary and criminal provisions of the Medical Practice Act.
(b)The administration and hearing of disciplinary actions.
(c)Carrying out disciplinary actions appropriate to findings made by a panel or an administrative law judge.
(d)Suspending, revoking, or otherwise limiting certificates after the conclusion of disciplinary actions.
(e)Reviewing the quality of medical practice carried out by physician and surgeon certificate holders under the jurisdiction of the board.
(f)Approving undergraduate and graduate medical education programs.
(g)Approving clinical clerkship and special programs and hospitals for the programs in subdivision (f).
(h)Issuing licenses and certificates under the board’s jurisdiction.
(i)Administering the board’s continuing medical education program.

Repealed (in Sec. 6) and added by Stats. 2013, Ch. 515, Sec. 7. (SB 304) Effective January 1, 2014. Section operative July 1, 2014, by its own provisions.

(a)Any reference in this chapter to an investigation by the board shall be deemed to refer to a joint investigation conducted by employees of the Department of Justice and the Health Quality Investigation Unit under the vertical enforcement and prosecution model, as specified in Section 12529.6 of the Government Code.
(b)This section shall become operative on July 1, 2014.

Amended by Stats. 2023, Ch. 294, Sec. 3. (SB 815) Effective January 1, 2024.

Members of the board shall only be appointed from persons who have been residents of this state for at least the five-year period preceding their appointment. Members of the board, except the public members, shall only be appointed from persons licensed as physicians and surgeons in this state. No person who in any manner owns any interest in any college, school, or institution engaged in medical instruction shall be appointed to the board. Four of the physician members of the board shall hold faculty appointments in a clinical department of an approved medical school in the state, but not more than four members of the board may hold full-time appointments to the faculties of such medical schools.

The public members shall not be licensees of the

board.

Amended by Stats. 2017, Ch. 775, Sec. 18. (SB 798) Effective January 1, 2018.

The board may appoint panels from its members for the purpose of fulfilling the obligations established in subdivision (c) of Section 2004. Any panel appointed under this section shall at no time be comprised of less than four members and the number of public members assigned to the panel shall not exceed the number of licensed physician and surgeon members assigned to the panel. Each panel shall annually elect a chair and a vice chair.

Amended by Stats. 1982, Ch. 676, Sec. 3.

Each member of the board shall be appointed for a term of four years.

Vacancies occuring on the board shall be filled by appointment of the appointing power for the unexpired term.

Amended by Stats. 1982, Ch. 676, Sec. 4.

The appointing power may remove any member of the board for neglect of duty required by this chapter, incompetency, or unprofessional conduct.

Amended by Stats. 2007, Ch. 678, Sec. 9. Effective January 1, 2008.

The board shall elect a president, a vice president, and a secretary from its members.

Amended by Stats. 2007, Ch. 678, Sec. 10. Effective January 1, 2008.

(a)The board and a panel appointed under this chapter may convene from time to time as deemed necessary by the board.
(b)Four members of a panel of the board shall constitute a quorum for the transaction of business at any meeting of the panel. Eight members shall constitute a quorum for the transaction of business at any board meeting.
(c)It shall require the affirmative vote of a majority of those members present at a board or panel meeting, those members constituting at least a quorum, to pass any motion, resolution, or measure. A decision by a panel to discipline a physician and surgeon shall require an affirmative vote, at a meeting or by mail, of a majority of the members of that panel; except that a decision to revoke the certificate of a physician and surgeon shall require the affirmative vote of four members of that panel.

Amended by Stats. 2007, Ch. 678, Sec. 11. Effective January 1, 2008.

Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

Amended by Stats. 2007, Ch. 678, Sec. 12. Effective January 1, 2008.

The president of the board may call meetings of any duly appointed and created committee or panel of the board at a specified time and place.

Added by Stats. 2006, Ch. 843, Sec. 1. Effective January 1, 2007.

The board may establish advisory committees consisting of persons who have a physician’s and surgeon’s certificate issued by the board that is in good standing and members of the public with interest or knowledge of the subject matter assigned to the committee. Members of an advisory committee need not be members of the board.

Added by Stats. 1980, Ch. 1313, Sec. 2.

Each member of the board and its committees shall receive per diem and travel expenses as provided in Section 103.

Amended by Stats. 2007, Ch. 678, Sec. 13. Effective January 1, 2008.

The board and each committee or panel shall keep an official record of all their proceedings.

Amended by Stats. 2007, Ch. 678, Sec. 14. Effective January 1, 2008.

The board may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act, those regulations as may be necessary to enable it to carry into effect the provisions of law relating to the practice of medicine.

Amended by Stats. 2023, Ch. 294, Sec. 4. (SB 815) Effective January 1, 2024.

The office of the board shall be in the City of Sacramento. Suboffices may be established in the Cities of Los Angeles, San Diego, and San Francisco or the environs of such cities. Notwithstanding any other law, legal proceedings against the board shall be instituted in any one of these four cities. The board may also establish other suboffices as it may deem necessary and such records as may be necessary may be transferred temporarily to any suboffices.

Amended by Stats. 2023, Ch. 294, Sec. 5. (SB 815) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.

(a)The board, by and with the approval of the director, may employ an executive director exempt from the provisions of the Civil Service Act and may also employ investigators, legal counsel, medical consultants, and other assistance as it may deem necessary to carry this chapter into effect. The board may fix the compensation to be paid for services subject to the provisions of applicable state laws and regulations and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating medical practice activities.
(b)The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and the services of the Attorney General shall be a charge against

it.

(c)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

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